Case law

Pervaiz Chaudhry v. Tomas Aragon

68 F.4th 1161 · Court of Appeals for the Ninth Circuit · May 23, 2023

or absolute immunity.” … They wanted it specified clearly.

Santiago v. Fischer

Court of Appeals for the Second Circuit · Oct 30, 2025

“[O]fficers are entitled to qualified immunity under § 1983 unless (1) they violated a federal 25 statutory or constitutional right, and (2) the unlawfulness of their conduct was ‘clearly … The qualified immunity analysis “focuses on the specific factual situation the officers confronted, and the defendants will be entitled to qualified immunity unless existing precedent squarely governs the specific facts at

James White v. Hezikiah Walker, and Town of Verona, Ms

932 F.2d 1136 · Court of Appeals for the Fifth Circuit · Jun 11, 1991

We reverse the district court’s grant of qualified immunity to the officer, but affirm in all other respects. … the district court's holding that Officer Walker was entitled to qualified immunity as a matter of law.

Paul Gerlich v. Steven Leath

861 F.3d 697 · Court of Appeals for the Eighth Circuit · Jun 13, 2017

To review the denial of qualified immunity, we examine “(1) whether the facts shown by the plaintiff make out a violation of a constitutional or statutory right, and (2) whether that right was clearly established at the time … Because defendants violated plaintiffs’ clearly established First Amendment rights, the district court did not err by denying qualified immunity to defendants and granting plaintiffs summary judgment on their First Amendment

Gros v. City of Grand Prairie

209 F.3d 431 · Court of Appeals for the Fifth Circuit · Apr 25, 2000

judgment on his qualified immunity defense in a 42 U.S.C. § 1983 suit brought by Danette JERRY E. … The district court granted We first must determine whether plaintiffs summary judgment for the City on qualified have alleged a violation of a clearly established immunity grounds.

Reenstierna v. Currier

873 F.3d 359 · Court of Appeals for the First Circuit · Oct 13, 2017

On appeal, the New Hampshire Supreme Court analyzed only the federal law doctrine of qualified immunity under § 1983. Id. at .668-72. … Stinson, like Frost, applies federal qualified immunity doctrine to a federal cause of action, let at 833. .

Petta v. Rivera

143 F.3d 895 · Court of Appeals for the Fifth Circuit · Jun 9, 1998

Creighton, 483 U.S. 635, 639 , 107 S.Ct. 3034, 3039 , 97 L.Ed.2d 523 (1987). 13 We must take care to identify the relevant "clearly established law" at the proper level of generality so that the defense of qualified immunity … Regarding the applicability of qualified immunity, we merely observed that "[u]se of excessive force in making an arrest violates clearly established rights, and the doctrine of qualified immunity therefore does not shield

Miller v. Administrative Office of the Courts

448 F.3d 887 · Court of Appeals for the Sixth Circuit · May 23, 2006

Whether, considering the allegations in a light most favorable to Miller, her termination violated a "clearly established" constitutional right 51 The second step of the qualified immunity analysis is to determine whether … the constitutional right that was violated was "clearly established."

Thomas Winslow v. Richard Smith

Court of Appeals for the Eighth Circuit · Oct 15, 2012

Qualified Immunity At the heart of their appeal, Taylor, Winslow, Dean, and Gonzalez argue the district court erred in holding that Defendants did not violate clearly established Fourteenth Amendment due process rights … “Qualified immunity shields government officials from [personal] liability in a § 1983 action unless the official’s conduct violates a clearly established constitutional or statutory right of which a reasonable person would

Swiecicki v. Delgado

Court of Appeals for the Sixth Circuit · Sep 15, 2006

The law of qualified immunity We will “review the denial of summary judgment on grounds of qualified immunity de novo because application of this doctrine is a question of law.” McCloud v. … Swiecicki’s First Amendment right to free speech was thus clearly established at the time of Delgado’s actions in question. We therefore reverse the grant of qualified immunity awarded to Delgado on this issue.

Hollister v. Tuttle

210 F.3d 1033 · Court of Appeals for the Ninth Circuit · Mar 30, 2000

As to the other defendants, we hold that Hollister, a faculty member at PSU, had a clearly established right to speak freely on public educational issues and that it was, therefore, error to recognize qualified immunity on … The district court granted the defendants qualified immunity, giving two reasons.

Motley v. Parks

383 F.3d 1058 · Court of Appeals for the Ninth Circuit · Sep 21, 2004

The Law Was Not Clearly Established That Officers Needed Probable Cause 74 An officer is immune from § 1983 liability if the constitutional violation upon which the claim is based was not "clearly established" at the time … immunity if their actions were not clearly established to be a constitutional violation on March 18, 1999.

Demont R.D. Conner v. Theodore Sakai

994 F.2d 1408 · Court of Appeals for the Ninth Circuit · Jun 2, 1993

Under the doctrine of qualified immunity, the issue is whether the right infringed was clearly established at the time of the defendant’s complained-of action, and whether a reasonable official could have believed that his … The right to call witnesses at a disciplinary hearing has been clearly established since Wolff v. McDonnell was decided in 1974.

Anthony Gibson v. Jeffrey Kilpatrick

Court of Appeals for the Fifth Circuit · Nov 19, 2013

was clearly established. … Discussion To rebut a defendant’s qualified immunity defense, the plaintiff must show: “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time

Winfield v. Bass

67 F.3d 529 · Court of Appeals for the Fourth Circuit · Jan 5, 1996

Addressing the qualified immunity defense, the court opined that the constitutional right concededly implicated by Winfield's factual assertions in his complaint and responsive affidavit was "clearly established" at the time … Here, as indicated, the district court expressly ruled in its memorandum opinion that the right allegedly violated was "clearly established" at the critical time.

Edgerly v. City and County of San Francisco

599 F.3d 946 · Court of Appeals for the Ninth Circuit · Mar 19, 2010

We also hold that the Officers are not entitled to qualified immunity for the search as alleged. … Also, because no reasonable officer could have believed, in light of clearly established law, that the search as described by Edgerly was constitutional, the Officers are not entitled to qualified immunity for the search.

Napier v. Windham

Court of Appeals for the First Circuit · Aug 6, 1999

There are two prongs to the qualified immunity analysis. The first prong is whether the constitutional right in question was clearly established at the time of the alleged violation. See Swain v. … Finding that no such duty was clearly established at the time of the incident, we held that the officers were entitled to qualified immunity. See id. at 28.

Belya v. Kapral

59 F.4th 570 · Court of Appeals for the Second Circuit · Feb 8, 2023

Comparison to Qualified Immunity Denial of a church autonomy defense should be an appealable collateral order in light of its strong resemblance to qualified immunity. … denials of qualified immunity cannot be appealed when they turn on facts.

Young v. Murphy

90 F.3d 1225 · Court of Appeals for the Seventh Circuit · Oct 18, 1996

(physician under contract to prison entitled to assert qualified immunity where physician was "performing duties that would otherwise have to be performed by a public official who clearly would have qualified immunity"), … III. 32 If a complaint fails to allege a clearly established constitutional violation against a public official, the defendant is entitled to qualified immunity. Zorzi v.

Crooker v. Metallo

Court of Appeals for the First Circuit · Oct 4, 1993

. ______________ appeal is whether the defendants, parole officers, violated a clearly established constitutional right of which a reasonable person would have known when, in August 1989, they arrested plaintiff Stephen S … In analyzing a claim of qualified immunity, moreover, we are concerned with clearly established constitutional or statutory rights of which a reasonable officer would have known at the time he took action, here, in August